How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Zoey_ JD Your Own Question

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 17146
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
18321761
Type Your Criminal Law Question Here...
Zoey_ JD is online now
A new question is answered every 9 seconds

I HAVE BEEN TAKING CARE OF A FAMILY MEMBER PLACED WITH ME IN

Resolved Question:

I HAVE BEEN TAKING CARE OF A FAMILY MEMBER PLACED WITH ME IN MY HOME BY CPS. I DO NOT FEEL THAT I WAS GIVEN ALL OF THE INFORMATION TO MAKE AN INFORMED DECISION ON THIS CHILDS MENTAL HEALTH AND WAS STABBED WHILE HE WAS IN MY CARE. DO I HAVE ANY RECOURSE IN SUEING THE STATE FOR PAIN AND SUFFERING I AM HAVING DUE TO THE CHILD STABBING ME? ALSO I DID NOT PRESS CHARGES WHAT HAPPENS NOW?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 years ago.
Chat Conversation Started
FranL :

Hello,

If you felt that CPS was somehow negligent in failing to inform you with knowledge about this child's emotional history that they had and you did not, and that had a duty to inform you before you agreed to taking this child into your household, and that as a result you were stabbed, you may be able to sue and recover for your medical expensive and incidental damages. You would need to sit down with a civil lawyer who could hear all of the background in private and in confidence and give you an idea of the strength of your case.

I don't know how long ago this incident happened, but there is a two year statute of limitations on a personal injury suit in Arizona. That means that you only have two years from the event to initiate suit. A civil lawyer can be expensive, but if your suit sounds like a good one to him, he would likely be willing to take your case on a contingency basis. That means apart from filing fees and certain expenses agreed to in advance, you only pay him if he wins. Then he gets around a third of your settlement or judgment. If enough attorneys tell you that they won't take your case on contingency, it's usually because they don't think they can win it. Then you'd have to decide whether it's worth paying a lawyer up front or whether to drop the idea as something unlikely to get you what you want.

I don't know why you chose not to press charges. A civil lawyer might think that your failure to have pressed criminal charges could hurt your civil suit, and that's a matter you would have to take up with the lawyer. The criminal statute of limitations on a felony assault would be 7 years, which means that if this happened less than 7 years ago, you could still press charges. You would not need to pay a lawyer to press criminal charges against the juvenile, as it would all be done through the police and prosecutor, but you would not be able to recover monetary damages as part of this sort of action.

If you want to speak to a local lawyer and scope out exactly what can get done for you (and for how much) you can get a referral for an inexpensive, ($50 or less) one-time, half-hour consultation with a personal injury litigator and, as I said above, share your facts and evidence with him by contacting the Lawyer Referral Service of the Arizona State Bar Association. They guarantee a referral to a member of the bar in good standing, and they don't require you to hire the lawyer after the consultation, unless you want to.

I have linked you to their site.

Good luck!

If I've helped, please click the green Accept button so I can get credit for my work.

Live Chat will close but you can continue to post follow-ups on this thread if you need clarification.

Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 17146
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.
 
 
 
Chat Now With A Criminal Lawyer
Zoey_ JD
Zoey_ JD
Criminal Lawyer
17146 Satisfied Customers
Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.